DEFECT STATUTES OF LIMITATION

If an association has construction defects, it has a limited time-period to assert its claims. Following are general guidelines only. Boards should immediately contact a law firm that specializes in construction defect litigation for advice on how best to proceed.

Patent Defects. These are obvious defects which are discoverable by reasonable inspection by the average consumer. (Creekridge v. Whitten.)

Latent Defects.Latent defects are deficiencies which are not apparent by reasonable inspection. (Creekridge v. Whitten.)

Statute of Repose. Unless the time has been tolled,
no action may be brought more than ten (10) years after substantial
completion of the project regardless of the date the defect is
discovered.